Thursday, August 13, 2009

HOA Issues Clog Court Dockets

I came across an interesting article in the St. Petersburg Times today.

It concerns how disputes between homeowners and their HOAs can balloon into major and expensive legal cases for both sides. It's interesting reading from a number of perspectives. Some of them don't apply to us because, for instance, we aren't individually responsible for lawn care around our homes.

It discusses a State Representative from Tampa's effort to create an inexpensive way to resolve HOA disputes. Kevin Amber's Home Court Advantage program would allow mediation within 90 days at a cost of $300. Governor Crist vetoed the law last year and the state senate adjourned before considering the matter this year.

Another point it raises is how HOAs are compelled to enforce community rules without exception to protect the integrity of the HOA and the community rules.

One thing the article doesn't mention saliently is how the HOA is not some nebulous secret entity out there somewhere designed to cause people trouble. If you own a property here in St. Charles Place, YOU are part of the HOA. The board members you elected are your fellow owners. All of the current board members live in in the community.

The community rules aren't imposed on you from some invisible, faceless force. They're the rules to which you agreed when you bought your home here. In some cases, such as the requirement to pick up after your dogs, the community rules merely repeat county ordinances. (That's right! It's illegal in Hillsborough County to leave your dog's poop on the ground.) We could not change the rule if we wanted.

If you have concerns about the HOA and how it's run, get involved. Stay in contact with the board members. Show up to HOA meetings -- the next one is next Tuesday. The board does not -- and cannot -- meet without you being invited.